Criminal Trespass as an Infraction for H-1B renewal

murthyforumguest

By murthyforumguest,
in Criminal Issues

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murthyforumguest Newbie

murthyforumguest

Posted
Posted

I was charged Criminal Trespass. At the court hearing I entered a 6-month "plea in abeyance" to the charge of trespassing as an infraction. After 6 months, if I have complied with the terms of the plea in abeyance, the case against me will be dismissed. I understand that I need to disclose this on DS 160. But I was wondering how this charge would affect my chance of getting my H-1B visa renewal. This is the only criminal record I have had for the 6 years I've been in the U.S.

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Swami2009 Member

Swami2009

Posted
Posted

an infraction is not considered a “conviction” for immigration purposes. Therefore you do not become “inadmissible”,

which means you can exit and re-enter the U.S. in the future and adjust status without any issues.

you would be eligible for a petty offense exception for inadmissibility

The important thing for any plea is that you should not have a sentence in excess of 6 months – even if the sentence is suspended.

This analysis assumes you have no other convictions.

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